LGE Solar Services Terms of Use (End User)
1. Introduction
2. Eligibility
3. Solar Rebates Program
4. Registration and Accounts
5. Your Information and Content
6. User Created Content Disclaimer
7. DMCA
8. Intellectual Property Rights
9. Service Access and Availability
10. Third Party Services
11. Additional Obligations/Restrictions on Your Use of the Services
12. Changes to the Services or Terms of Use
13. Descriptions and Specifications of Products and Services
14. Viruses and Security
15. Indemnification
16. Disclaimers; No Warranties
17. Limitation of Liability
18. Governing Law
19. Arbitration
20. Termination
21. General
22. Feedback
23. Consent to Electronic Communications
24. Contact Information
25. Notice For California Users
1. Introduction
Welcome to LGE Solar Panel Websites, including http://enervu.lg-solar.com and any other website on which these Terms of Use are made available (“Websites”). Through the Websites, LG Electronics Inc. (“LGE” or “we”) makes available to you a variety of services and interactive features such as web-based monitoring services (together with the Websites, the “Services”) for one or more web-monitoring supported LG Solar Panels (“Panels”).
These Terms of Use (together with any documents that they refer to) apply to access and use of the Services.
They set out LGE’s responsibilities to you as well as identifying the “dos” and “don’ts” that you should be aware of when you use the Services. In particular they cover:
• Important information relating to solar rebates and incentives;
• What you should expect in terms of availability of the Services;
• What obligations you have;
• Important restrictions on your use of the Services; and
• Situations where LGE may make changes to the Services.
Please read these LG Solar terms of use (“Terms of Use” or “Agreement”) carefully before using the Services. By accessing or using the Services on any mobile phone, PC, tablet, console or other device (collectively, "Device"), you agree that you have read, understand and agree to be bound by the terms and conditions of this Agreement and any and all applicable laws, rules and regulations. If you do not agree to these Terms of Use, please do not use or access the Services.
You should also review our End User Privacy Policy available on [http://enervu.lg-solar.com/support/owner_privacy] before you access the Services. The End User Privacy Policy sets out important information about how we may use your personal information when you are using the Services.
Your use of the Services is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to on the Services (the "Additional Terms"), such as rules applicable to particular features or content in the Services. All such Additional Terms are hereby incorporated by reference into, and made a part of, this Agreement.
2. Eligibility
The Services are available for individuals aged 18 years or older who reside in a home with Panels installed. By agreeing to this Agreement, you represent and warrant to us: (i) that you are at least 18 years of age and reside in a home with Panels installed; (ii) that you have not previously been suspended or removed from the Services or Account; (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations; and (iv) that you have legal capacity to enter into these Terms of Use. You may not use the Services on behalf of an entity, organization, or company or for any commercial purpose.
3. Solar Rebates Program
You may be eligible to receive certain solar rebates or incentives (“Rebates”) through your use of the Services. You shall check and confirm with relevant regulatory bodies, utilities, installers or program administrators about your eligibility of the Rebates. There may be certain obligations which you must comply in order to claim the Rebates. For example, you may need to activate and constantly use the Services for set amount of periods. As discussed in our End User Privacy Policy, LGE may be required to provide certain data relating to your Panels to regulatory bodies, utilities or program administrators as a condition of your receipt of the Rebates. You should always consider the risks involved and consult with your installer/distributor or relevant governmental entity before engaging in any action with LGE, including about the Services prior to their activation. LGE is not obligated to apply for Rebates on your behalf, and disclaims all liability for your or your solar installer’s failure to obtain a Rebate. LGE is not responsible or liable for any damages you may sustain in connection with the Services or LGE-branded Devices or third-party applications, websites, services or Devices to which the Services provide access (collectively, “Third-Party Services”) such as failure to receive Rebates, as a result of your actions or omissions or those of a third party.
4. Registration and Accounts
You will be required to establish an account (“Account”) in order to use certain aspects of the Services. Creation and use of your Account will be subject to LGE’s acceptance and additional LG Account Terms of Use [www.lgaccount.com], which will apply to all LGE services that you access through your Account, including the Services. However, to the extent that there are any inconsistencies between the LG Account Terms of Use and these Terms of Use (whether as a result of the use of inconsistent terminology or otherwise), these Terms of Use will prevail with respect to your use of the Services.
You undertake to submit true, correct, current and complete information required for registration. Any false identification or email address or otherwise misleading information about your identity is strictly forbidden. If the information provided by you changes, including your contact information, you shall inform LGE immediately on [www.lgaccount.com]. If LGE believes that the information provided by you is not correct, we may at our sole discretion refuse your access to the Websites and Services.
You are solely responsible for maintaining the confidentiality and security of your Account credentials and your access to your Account. You should regularly change your password, not reveal your Account information to anyone else, and not use anyone else’s account or allow anyone else to use your Account. You are entirely responsible for all activities that occur on or through your Account. In the event of any unauthorized use of your Account or any other breach of security with respect to your Account, you agree to immediately notify LGE and reset the relevant security measures.
LGE is not responsible for any losses arising out of the unauthorized use of your Account. LGE reserves the right to terminate or disable, or exclude any features for, a particular Account if LGE suspects or becomes aware of any unauthorized or unpermitted use of such Account or any part the Services.
In order to use the Services, third parties that provide services in connection with the Services, such as an installer, distributor, mobile carrier, internet service provider, or platform such as Apple, Inc., or Google Inc. (each, a “Service Provider”) may require you to create an account. You are solely responsible for maintaining the confidentiality and security of any credentials to access your account with any Service Provider. Your access and use of any account with a Service Provider, including in connection with the Services, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. LGE is not responsible for any act or omission of any Service Provider.
5. Your Information and Content
You agree that LGE may collect, use, store and disclose your personal information, including your location information and information related to your activities, as set forth in the End User Privacy Policy.
You may submit certain content to the Websites for display upon viewing the Panel and inverter data, including a site photo and certain administrative details. You represent and warrant that the posting of your content on or through the Websites or Services does not and will not violate any applicable laws or the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to indemnify us for any claims brought by third parties as a result of your violation of these representations and warranties.
Your content, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds that you and/or other service users post, submit to LGE or otherwise make generally available on or through the Services (collectively, “User Created Content”) shall not be treated by LGE as confidential or proprietary. You grant, affirm, represent, and/or warrant that: (i) you have the right to and hereby grant to LGE a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Created Content in any manner or media now known or later developed, for any purpose, commercial, advertising, or otherwise, including the right to host, store, transfer, translate, perform publically, display publically, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you or additional rights required from you; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Created Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Created Content in the manner contemplated by the Services and these Terms of Use. In addition, by posting and sharing User Created Content with another user of the Services, you hereby grant that user a non-exclusive license to access and use such User Created Content as permitted by this Agreement and the functionality of the Services.
6. User Created Content Disclaimer
LGE does not pre-screen User Created Content. Accordingly, LGE shall not be responsible for the accuracy or content of User Created Content. LGE does not guarantee that the Services will be free from User Created Content that is inaccurate, incomplete, out of date, deceptive, offensive, threatening, defamatory, unlawful, infringing of third party rights or otherwise objectionable. LGE is merely acting as a passive channel for the distribution of such User Created Content and does not endorse any User Created Content or undertake any obligation or liability relating to any User Created Content or for the activities of any and all users of the Services. In the event that LGE chooses to monitor any User Created Content, LGE assumes no responsibility for, or any obligation to monitor or except as expressly provided in this Section 6, remove such User Created Content. The views expressed in any User Created Content do not represent LGE’s views or values.
7. DMCA
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted in the Services, you may contact our Designated Agent at the following address:
LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, 150-721, Korea
Email:
[enervu.admin@lge.com]
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Services;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
LGE will promptly terminate without notice the Accounts of users that are determined by LGE to be repeat infringers.
8. Intellectual Property Rights
We and our suppliers are the owner or the licensee of all intellectual property rights in the Services and these rights are protected by intellectual property laws and treaties around the world. This includes any content that you may access through the Services (other than third party content and your own content) such as images and text in which we own the copyright, as well as our trademarks, service names and logos (collectively “our Content”).
We grant to you a non-exclusive, non-transferable right to view and use our Content via the Services as intended by the Services for your personal non-commercial purposes in accordance with these Terms of Use. You must not use our Content beyond the scope of this right and in particular you agree not to modify, copy, reproduce, rebroadcast, or retransmit any of our Content.
It is important to us that the LG brand and all of our Content are fully protected from misuse. You must not, in any circumstances, use our Content except as stated in this Section 8. If you breach this requirement, we may immediately discontinue your access to the Services and we may require you to return or destroy any copies of our Content that you have made.
The ownership and/or licensing of any intellectual property rights in any third party apps, services and content that you access through your use of the Services (including, for example, Facebook) is outside of our control and should be addressed by any terms made available to you by the relevant third party provider(s). You should consult the relevant third party provider for further information.
9. Service Access and Availability
The Services are optimized for the Panels and the inverters and gateways that LG provides for use with the Panels. LGE makes no representation that the Services are compatible with other internet-enabled inverters, solar panels, gateways or products and shall not be liable for any losses, liabilities or claims arising as a result of the use of the Services with products other than the Panels.
We use commercially reasonable efforts to provide the Services on a continuous, high quality basis but cannot guarantee that they will always be available, uninterrupted or error free. It is possible that we may have to interrupt or discontinue the Services or suspend or restrict your use of all or any part of the Services where we consider it reasonably necessary for technical, operational, security, legal or regulatory reasons.
You are responsible for making all the arrangements necessary for you to have access to the Services. In particular you will need a suitable power supply and a reliable broadband connection and you should be careful that you do not exceed any limit on your broadband allowance.
We do not accept any responsibility for any loss or damage that such external factors may cause to you.
You acknowledge that we are not responsible for notifying you of any upgrades, fixes or enhancements to or for, providing technical or other support for any browser or except as required by applicable law, for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. We make no endorsement of any specific browser software. Your use of any browser may also be subject to the license agreements of the browser licensor, and you are solely responsible for complying with any such licensor's terms in addition to the provisions of these Terms.
You are additionally responsible for obtaining internet services via internet service providers (ISP) of your choice, for any and all fees imposed by such ISP and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge that you have requested the Services for your convenience, have made your own independent assessment of the adequacy of the internet as a delivery mechanism for accessing information and initiating instructions, and that you are satisfied with that assessment. We are not responsible for any internet access services, or for any security, corruption, transmission error and access availability risks associated with use of the internet.
Depending on the country where you are based and the model of Panel that you own, the Services may include features such as web monitoring services, graphic tools, advertisements, and weather information; however, some of the features may have different names and may be combined with other features.
Certain features, aspects, products and services, including but not limited to applications and links, offered or made accessible to you through the Services are Third-Party Services. Third-Party Services are not under our control, and we are not responsible for any content provided by Third Party Services or for their use of any User Created Content or other information that you may choose to transfer to them, including through the Services.
11. Additional Obligations/Restrictions on Your Use of the Services
(i) You shall provide and maintain in timely manner accurate and complete information to LGE in connection with your use of the Services.
(ii) You represent and warrant that your activities and use of the Websites and/or Services will not:
-violate any laws, rules or regulations (including any laws regarding the export of data, privacy, software or technology to and from the United States and other countries) or these Terms of Use;
-access or attempt to access the Websites or any web page thereof by any means other than the interface that is provided by LGE;
-engage in any activity of any kind that may interfere with or disrupt the functioning of the Websites, Services or the servers and networks used to provide the Websites;
-involve the transmission of any unsolicited commercial or bulk email or use your Account or the Websites as a return address for unsolicited commercial mail originating elsewhere;
-collect, harvest, mine or engage in any other activity to obtain personal information or any other information about others except with their express consent;
-remove other’s content from the Websites;
-violate the rights of LGE or any third party (including other users’ rights) or abuse, defame, harass, stalk or threaten another; or
-create liability for LGE;
-modify, copy, reproduce, rebroadcast, or retransmit any content that you may access through your use of the Services;
-disassemble, reverse engineer or otherwise decompile the Services and/or any software, applications, upgrades or updates made available to you through the Services, except as authorized by applicable law or license terms;
-otherwise use the Services in any way or for any purpose which may infringe the intellectual property rights of any third party;
-knowingly introduce viruses, Trojans, worms or other technologically harmful materials to the Services; or
-act in contravention of any license granted to you in these Terms of Use.
(iii) In case you move out of your house, you shall elect the [System Transfer] option from the Websites and inform the new homeowner about the Services and these Terms of Use, including that the new homeowner may not use the Services without creating a new account and accepting the then-current version of these Terms of Use. You also are obliged to promptly inform the installers about your departure so that the installers may contact the new homeowner with the homeowner’s permission.
12. Changes to the Services or Terms of Use
While we are not under any obligation to update or improve the Services, we may choose to make changes to the Services from time to time, in order to (including, but not limited to):
• Improve functionality or offer you additional functionality;
• Add new features or remove unused or unpopular features;
• Provide a “fix” for identified “bugs” or errors;
• Address an actual or potential security breach; or
• Comply with a change in applicable laws or regulations.
If we do make any significant changes to the Services, we may inform you as necessary by appropriate means.
Please note that third parties such as content providers may upgrade/update their own services and content from time to time and that we do not accept any responsibility for any such upgrades/updates.
We reserve the right, at our discretion, to change these Terms of Use on a going-forward basis at any time. Please check these Terms of Use periodically for changes. In the event that a change to these Terms of Use materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Services or on the Websites, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms of Use materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms of Use. If we require your acceptance of the changed Terms of Use, changes are effective only after your acceptance. If you do not accept the changed Terms of Use, we may terminate your access to and use of the Services. All other changes are effective upon publication of the changed Terms of Use. Disputes arising under these Terms of Use will be resolved in accordance with the Terms of Use in effect that the time the dispute arose.
13. Descriptions and Specifications of Products and Services
The descriptions and specifications of LG solar services on the Websites are subject to change at any time, whether or not reflected in such descriptions or specifications. You agree that descriptions and specifications of services on the Websites do not create any obligations or liabilities for LGE. We may modify, suspend or discontinue any or all of the Websites or services (including the Services) at any time, for any or no reason, in our sole discretion.
14. Viruses and Security
We use commercially reasonable efforts to ensure that the Services are secure and virus free, but those efforts cannot and do not guarantee that the Services will be free from bugs, viruses, or other harmful materials or vulnerabilities.
Thus, we will not be responsible for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your Panel, data or other material belonging to you.
15. Indemnification
To the maximum extent permitted by laws, you agree to indemnify, defend and hold us, our subsidiaries, affiliates, and licensors, and their respective directors, officers, agents, partners and employees, harmless from any loss or liability, including reasonable attorneys’ fees, arising from a claim or demand made by any third party due to or arising out of (i) your use of the Websites or Services; (ii) your violation of this Agreement; (iii) any breach of your representations and warranties set forth herein; or (iv) your violation of any laws, rules or regulations.
16. Disclaimers; No Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT ACCESS TO THE SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. LGE DOES NOT WARRANT THAT USE OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, LGE EXPRESSLY DISCLAIMS ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT. LGE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SERVICE, THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE.
This Terms of Use do not govern the warranty applicable to the Panels.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGE SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF INFORMATION, ACCOUNT DATA OR USER CREATED CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGE’S ENTIRE LIABILITY IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES IS THE LESSER OF (i) THE AMOUNTS YOU HAVE PAID TO LGE FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100. IN NO EVENT WILL LGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, EVEN IF LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you.
Furthermore, nothing in these Terms of Use excludes or limits:
• Your legal rights as a consumer; or
• Our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded applicable law.
The limitation of liability applicable to the Panels is not governed by this Terms of Use.
18. Governing Law
These Terms of Use are governed by the laws of the State of New Jersey without regard to conflict of law principles, and any dispute relating to these Terms of Use or the Services (including any arbitration proceeding) shall be decided based on such laws. To the extent that any lawsuit or court proceeding is permitted hereunder, you and LGE agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within State of New Jersey for the purpose of litigating all such disputes.
19. Arbitration
a. Generally. In the interest of resolving disputes between you and LGE in the most expedient and cost effective manner, you and LGE agree that any and all disputes arising in connection with these Terms of Use shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Notwithstanding Section 19(a), we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
c. Arbitrator. Any arbitration between you and LGE will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting LGE.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). LGE's address for Notice is: LG Electronics, Inc., LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, 150-721, Korea. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or LGE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or LGE shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, LGE shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by LGE in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
e. Fees. In the event that you commence arbitration in accordance with these Terms of Use, LGE will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse LGE for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
g. Opt-Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor LGE can require the other to participate in an arbitration proceeding. To opt out, you must send notice to LGE no later than 30 calendar days from the date of first consumer purchaser’s purchase of the product by either: (i) sending an e-mail to [enervu.admin@lge.com], with the subject line: “Arbitration Opt Out”. You must include in the opt-out e-mail: (a) your name and address; (b) the date on which the Service was activated; and (c) the date on which the Service was terminated. Email is the only two forms of notice that will be effective to opt out of this dispute resolution procedure. If you do not opt out, then you accept all terms and conditions of the Agreement, including the binding arbitration provision described above.
h. Modifications. In the event that LGE makes any future change to this arbitration provision (other than a change to LGE's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to LGE's address for Notice, in which case your account with LGE shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
i. Enforceability. If Section 19(f) is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18 shall govern any action arising out of or related to these Terms of Use.
20. Termination
This Agreement is effective until terminated by you or by LGE. Your rights under this Agreement will terminate automatically without notice from LGE if you fail to comply with any term(s) or conditions of this Agreement. Additionally, LGE, in its sole discretion may terminate your Account on the Services or suspend or terminate your access to the Services at any time, with or without notice. Upon termination of this Agreement, you shall cease all use of the Services and destroy all copies, full or partial, of any materials in your possession or control from or comprising the Services, including any accompanying documentation, provided that you may retain one copy of any documentation for your records. We also reserve the right to modify or discontinue the Services at any time (including, without limitation, by limiting or discontinuing certain features) without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.
You may terminate your Account at any time by contacting customer service at [enervu.admin@lge.com]. If you terminate your Account, you will remain obligated to pay all outstanding fees, if any, relating to your access or use of the Services incurred prior to termination. You may choose to terminate your Account or stop using the Services at any time; provided however, we are not liable for any loss of your Rebates, failure to obtain Rebates or other damages or losses that may be caused to you as a result of your discontinuation of the Services.
This Agreement, together with the End User Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and LGE regarding your use of and access to the Services, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to this Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of laws or otherwise, without our prior written consent. We may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration. These Terms of Use are not intended to confer, nor shall anything in these Terms of Use confer, upon any person or entity other than the parties and their permitted successors and assigns any rights, remedies, obligations or liabilities whatsoever.
22. Feedback
If you provide feedback to LGE regarding the Services (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize LGE to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to LGE a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sub-licensable right to use the Feedback in any manner and for any purpose.
23. Consent to Electronic Communications
By using the Services, you consent to receiving certain electronic communications from us as further described in our End User Privacy Policy. Please read our End User Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You may choose to receive certain reports and notifications regarding Panel and inverter data and other information related to the Websites or Services. Such reports will be sent to you electronically to the email address that you provide when you register for the Services or another email address that you may specify in your Account settings. You agree that by using the Services, notices or other communications which we may be required to give you arising from our obligations under these Terms of Use may be sent to you via the email address.
24. Contact Information
The Services are offered by LGE, located at LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, 150-721, Korea. You may contact us by sending correspondence to the foregoing address or by emailing us at [enervu.admin@lge.com].
25. Notice For California Users
If you are a California resident, you may have this Agreement mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for this Agreement. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Last updated: [July.28.2014]